• The case is being prosecuted by counsels from the Kenya Revenue Authority after the Director of Public Prosecutions delegated his prosecutorial powers.
• In its opening statement, the prosecution said they will adduce documentary exhibits to demonstrate the tax fraud scheme by the accused persons.
Image: FILE
The Sh17 billion tax evasion case facing businessman Humphrey Kariuki and others finally commenced on Monday with the prosecution indicating it will call twenty-two witnesses.
The case is being prosecuted by counsels from the Kenya Revenue Authority after the Director of Public Prosecutions delegated his prosecutorial powers.
In its opening statement, the prosecution said they will adduce documentary exhibits to demonstrate the tax fraud scheme by the accused persons.
Some of the evidence to be adduced include fake exercise stamps and goods.
“We will show you gross omission of income, we will show you how all this culminated in tax losses of Sh17 billion,” KRA said.
The counsels from KRA told the court that they come across criminal enterprises who say they can’t pay, won’t pay and go to greater lengths to conceal taxes due and they will demonstrate the same in the case before court.
Kariuki through lawyers Kioko Kilukumi and Cecil Miller said he has confidence in the judicial system and he is confident that he will eventually be acquitted.
“I am a law abiding citizen who has endured a nearly two year legal ordeal on spurious charges that have continued to be litigated publicly,” Kariuki said.
In the case, Humphrey and his co accused have been charged with failing to pay taxes amounting to Sh17 billion.
This offence was committed on February 2016 and December 2018.
They also faced another count of being in possession of excise stamps acquired without the authority of the commissioner.
It is alleged that between January 31, 2019 and February 7, 2019 at Africa Spirits Limited and WOW Beverages Limited within Thika Town in Kiambu county, they were jointly found in possession of 894 reels of counterfeit excise stamps acquired without the authority of the commissioner.
They also face another count of being in possession of 1.2 million bottles of assorted alcoholic beverages affixed with counterfeit Excise stamps picked in 41,703 cartons.
According to the charge sheet, Kariuki and team knowingly omitted from the VAT returns of Africa Spirits limited an amount of Sh2 billion which ought to have been included in the said returns.
And between January and December 2018, they knowingly omitted from the return of excise of Africa spirits limited another amount of Sh5 billion which ought to have been included in the said returns.